Associated Fruit Co. v. Marone

This is an appeal by the defendant from an order granting a new trial after verdict in his favor. The new trial was granted upon the grounds of insufficiency of the evidence to justify the verdict; that the verdict is against law, and error in law occurring at the trial and excepted to by plaintiff.

The plaintiff and defendant had entered into a contract by which the plaintiff was to purchase from the defendant ten cars of grapes, in good shipping condition, f. o. b. cars. The plaintiff paid two thousand dollars to defendant, two hundred dollars of which was to be applied upon each car of…